Christian loses battle over Sunday work

I found this particularly disturbing in that they “held his sacking was not connected with his religious beliefs”. What else do you call it when an employer fires you because you object to something based on your beliefs?

By Nikki Tait,Law Courts Correspondent

Published: July 26 2005

A devout Christian who lost his job as a quarry operator after refusing to take on Sunday working has lost the latest round of his legal battle with his employer.

Stephen Copsey, 33, who was asked to take on Sunday working as part of a new shift pattern, could not claim unfair dismissal, three senior judges ruled yesterday. The decision followed defeats for Mr Copsey in an employment tribunal and the Employment Appeal Tribunal.

The Court of Appeal also refused Mr Copsey leave to appeal to the House of Lords, although he could still try to interest the highest court directly.

Applying for the hearing before the law lords, Paul Diamond, Mr Copsey’s barrister, suggested the appeal court’s decision meant the fourth commandment would have to be rewritten to say: “The Seventh Day is the Sabbath of the Lord Thy God. Thou shalt not work unless thy employer requires thee to work.”

The Keep Sunday Special campaign, which helped fund Mr Copsey’s case, said it would petition the law lords to hear the matter if it had sufficient funds.

Mr Copsey had worked for Devon Clays as a team leader at a quarry near King’s Lynn, Norfolk, for 14 years. In 2000 and then 2002, it won a new order and changed the shift patterns to include some Sundays.

For two years Mr Copsey avoided Sundays and took lower pay. But eventually the company required a seven-day work pattern and Mr Copsey objected. He was warned about dismissal and after efforts to find a compromise failed, he was dismissed without redundancy pay in July 2002.

An employment tribunal found Mr Copsey had been dismissed because he refused to accept a change to the seven-day shift pattern. It also held that his sacking was not connected with his religious beliefs.

The Court of Appeal endorsed that outcome, although the judges gave differing views on how Mr Copsey’s human rights, notably article nine, which guarantees freedom of thought, conscience and religion, were engaged and affected. However, they agreed Devon Clays had been reasonable.

FT.com / World / UK – Christian loses battle over Sunday work